Official warnings
20D Official warnings
A commissioned police officer, if satisfied that it is desirable to do so in furtherance of the objects of this Division, may authorise a convicted offender to be given a notice in writing (an official warning) specifying that – another convicted offender, named in the notice, is a convicted offender; and it is an offence to consort with the convicted offender within 5 years after having been given an official warning in relation to the offender; and the person may, within 28 days of receiving the notice, request under section 20D(3) of this Act, a review of the decision to authorise the official warning to be given to the person.
A police officer may, in person, give an official warning to a person to whom the official warning was authorised under subsection (1) to be given.
A person to whom an official warning has been given under subsection (2) may, within 28 days, by notice to the Commissioner, request a review of the decision to authorise the official warning to be given to the person.
The Commissioner must, as soon as practicable after receiving from a person a notice under subsection (3) in relation to an official warning, require a police officer, who is of a higher rank than the commissioned police officer who authorised the official warning to be given, to review the decision to authorise the official warning to be given.
A police officer who is, under subsection (4), required by the Commissioner to review a decision to authorise an official warning to be given must, as soon as practicable, review the decision.
A police officer must, as soon as practicable after carrying out, in accordance with subsection (5), a review of a decision to authorise an official warning to be given to a person, give to the person – a notice in writing – specifying that the police officer has conducted a review of the decision to authorise the giving of an official warning to the person; and specifying that the police officer is of the opinion that the decision to authorise the giving of the official warning was appropriate; and advising the person that the person may, within 28 days of receiving the notice, apply to a magistrate under section 20E(1) for a review of the decision to authorise the giving of the official warning; or a notice in writing – specifying that the police officer has conducted a review of the decision to authorise the giving of an official warning to the person; and revoking the official warning.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.